V.Kalaichelvan, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.16347 of 2015 V.KALAICHELVAN .. Petitioner Vs.

THE COMMISSIONER, TIRUCHIRAPPALLI CITY CORPORATION, TIRUCHIRAPPALLI 620 001.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to effect the change of name in the Register maintained by the respondent with regard to assessment of house tax and water and drainage tax as per the representation dated 06.07.2015 with regard to the house property situate in Tiruchirappalli District, K.Abishedkapuram Zone, Thamalavarubayam Village, Woraiyur Natchiyar Kovil, Mela Veethi, Old Ward No.2, New Ward No.6, present Ward No.C, New Block No:6, New T.S.No.2, a house property bearing door No.48 with House Tax Assessment No.59000752 an extent of 2 006 sq.ft.

For Petitioner : Mr.G.S.Asok Adhithyan For Respondent : Mr.V.Muruganantham Additional Government Pleader

O R D E R

This writ petition has been filed for a Writ of Mandamus directing the respondent to effect the change of name in the Register maintained by the respondent with regard to assessment of house tax and water and drainage tax as per the representation dated 06.07.2015 with regard to the house property situate in Tiruchirappalli District, K.Abishedkapuram Zone, Thamalavarubayam Village, Woraiyur Natchiyar Kovil, Mela Veethi, Old Ward No.2, New Ward No.6, present Ward No.C, New Block No:6, New T.S.No.2, a house property bearing door No.48 with House Tax Assessment No.59000752 an extent of 2 006 sq.ft. 2.The case of the petitioner is that the property situated at Tiruchirappalli District, K.Abishekapuram Zone, Thamalavarubayam Village, Woraiyur, Natchiyar Kovil, Mela Veethi, Old Ward No.2, New Ward No.6, present Ward No.C, New Block No:6, New T.

S.No.2, a house property bearing door No.48 with House Tax Assessment No.59000752 an extent of 2 006 sq.ft. was originally owned by one Meenatchi Ammal, W/o.Ayyasamy Pillai. The said Meenatchi Ammal executed a gift settlement deed on 15.04.1969 in favour of her sons Venugopal and Rajamanikam and the same was duly attested and registered in accordance with law. The said Venugopal is none other than the father of the petitioner. On 13.07.2000, https://hcservices.ecourts.gov.

the said Rajamanikam relinquished their undivided half share in the house property in favour of the petitioner's father on receiving a valuable consideration. The petitioner's father Venugopal executed a Will on 10.04.2005 and bequeathed the house property in favour of the petitioner. After the death of the petitioner's father, the petitioner is in possession and enjoyment of the property and he is also paying house tax and water tax. The petitioner's father due to inadvertence not taken any steps to effect the change of assessment in his name. Therefore, the said assessment is even now stands in the name of the petitioner's grand mother Meenatchi Ammal. Hence, the petitioner has given an application to the respondent on 06.07.

2015 for effecting deletion of his deceased grand mother's name Meenatchi Ammal and to record the name of the petitioner as owner and tax payer for the house property, in the records of Corporation to change the house tax and water and drainage assessment in the name of the petitioner and also to pay taxes in future. Since the said application is not considered so far, the petitioner has come forward with this writ petition for the relief stated supra. 3.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent. 4.

Considering the facts and circumstances of the case, without going into the merits of the matter, this Court directs the petitioner to give a fresh representation along with a copy of this order, to the respondent, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondent is directed to consider the representation of the petitioner, after affording opportunity to the petitioner and other necessary parties, if any, and pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter. It is made clear that this Court has not expressed any opinion about the merits of the case. 5.This writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar rj2 To THE COMMISSIONER, TIRUCHIRAPPALLI CITY CORPORATION, TIRUCHIRAPPALLI 620 001.

+1CC to Mr.G.S.Asokadhithyan Advocate Sr.No.53535 +1CC to Mr.N.S.Karthikeyan Advocate Sr.No.53688 NS/SKS/RS/23.9.15-2P-4C W.P.(MD)No.16347 of 2015 Dated : 09.09.2015 https://hcservices.ecourts.gov.in/hcservices/